Gen. St. 1894, § 3311, requiring that notice
of assessments on the members of a co-oper-
INTOXICATING LIQUORS.
§ 1. Licenses and taxes.
ative insurance company shall state the cause See "Descent and Distribution."
of the assessment, did not affect notices where
the assessment could be but for one purpose,→
to establish a fund for the payment of death
claims.-Bridges v. National Union (Minn.) 270.
Duty of secretary of co-operative insurance
company as to assessment held fully performed
when he forwards to each council of the asso-
ciation a notice that one or more assessment
shall be collected.-Bridges v. National Union
(Minn.) 270.
Certain rules or laws of a life insurance com-
pany organized in Ohio on the assessment plan
construed.-Bridges v. National Union (Minn.)
Laws of an assessment insurance company
requiring members to pay assessments "within
one month from the date of the notice" con-
strued, and held that it was immaterial wheth-
er the month commenced to run on the day of
the notice, or the day it was made, or the day
when it should have been received by mail.-
Bridges v. National Union (Minn.) 270.
Laws of co-operative life insurance company
organized on the assessment plan construed,
and duty of secretary to order assessment in
anticipation of death claims determined. ·
Bridges v. National Union (Minn.) 270.
Where officers of mutual insurance company
make an assessment exceeding reasonable lim-
its to meet losses, the assessment is invalid.-
Pencille v. State Farmers' Mut. Hail Ins. Co.
(Minn.) 1026.
Where a member died after the assignment
of the association, his beneficiary was held
not entitled to payment as a creditor out of
the reserve fund.-In re Wisconsin Odd Fel
lows' Mut. Life Ins. Co. (Wis.) 775; Kahn v.
Fulton, Id.
A bill of interpleader held to call for equi-
table relief.-Bliss v. French (Mich.) 73.
Complainants in a bill of interpleader are not
entitled to an injunction against the bringing
of actions, unless they pay the money into
court.-Bliss v. French (Mich.) 73.
Where a bill of interpleader showed that
complainants were partners, the affidavit of
noncollusion was sufficient, though sworn to
by only one of them.-Bliss v. French (Mich.)
73.
INTERROGATORIES.
To jury, see "Trial," § 7.
INTERSTATE COMMERCE.
See "Commerce."
In actions in general, see "Parties," § 2.
In attachment proceedings, see "Attachment,"
§ 4.
The requirement of Acts 25th Gen. Assem.
c. 62, § 9, that the board of supervisors at their
regular meeting in September shall levy an an-
nual liquor tax against certain persons, held
merely directory.-Hubbell v. Polk County
(Iowa) 854.
Where a liquor tax was shown to be levied
by a board of supervisors, it will be presumed
that the tax was levied at a regular meet-
ing, if that was essential to its validity, unless
the contrary affirmatively appears.-Hubbell v.
Polk County (Iowa) 854.
Application for license cannot be acted upon
until after two weeks' notice has been given,
as required by statute.-Pisar v. State (Neb.)
869.
Notice of application for license in compli-
ance with statute held essential to confer juris-
diction on license board.-Pisar v. State (Neb.)
869.
Pub. Laws, Act 313, § 31, providing for an
open view into barrooms during hours when re-
quired to be closed, held to include a barroom
used also as an hotel office.-People v. Car-
rell (Mich.) 118.
§3. Criminal prosecutions.
A violation of the state liquor law (Act 1887,
No. 313) is an indictable offense.-People v.
Smith (Mich.) 124.
§ 4. Civil damage laws.
In an action for damages sustained by plain-
tiff by reason of disposing of his property while
intoxicated from drinking liquors furnished by
defendant, there can be no recovery, in the ab-
sence of evidence or admission of the value of
the property disposed of.-Roberts v. Hopper
(Neb.) 21.
See "Waters and Water Courses," § 3.
In civil actions, see "Pleading," § 7.
Former jeopardy bar to prosecution, see "Crim-
inal Law," § 3.
Of causes of action, see "Action," $2.
Of parties in civil actions, see "Parties," § 1.
JOINT TENANCY.
See "Tenancy in Common."
See, also, "Courts"; "Justices of the Peace."
§ 1. Rights, powers, duties, and liabil-
ities.
The failure of a county judge, after expira-
tion of term, to pay over money deposited in
condemnation proceedings, held a breach of his
bond.-Chicago, B. & Q. R. Co. v. Philpott
(Neb.) 550.
Action on official bond of county judge held
barred in 10 years.-Chicago, B. & Q. R. Co.
v. Philpott (Neb.) 550.
Cause of action against county judge on fail-
ure to pay over money at end of term held to
accrue to person damaged thereby.-Chicago, B.
& Q. R. Co. v. Philpott (Neb.) 550.
JUDGMENT.
See, also, "Homicide," § 5.
Decree in equity. see "Equity," § 7.
Effect as curing defects in pleadings, see "Plead-
ing," § 8.
Enforcement by creditors' suit, see "Creditors'
Suit."
Sales under judgment, see "Judicial Sales."
title, where the only defense, while good as
against plaintiff, was insufficient as against in-
tervener.-Holcomb v. Stretch (Minn.) 1132.
Under Code Civ. Proc. § 1001, a motion to
set aside joint judgments against several de
fendants should be overruled when made by
one only. Boyd v. Munson (Neb.) 552.
§ 6. Equitable relief.
Where money was collected on a void judg-
ment by garnishment pending a suit to enjoin
execution, the court could not direct the non-
ey to be repaid to the garnishee, who was not
a party to the suit.-Heath v. Halfhill (lowa)
522.
Enforced satisfaction of a void judgment
does not deprive equity of jurisdiction of a
prior suit to restrain its collection.-Heath v.
Halfhill (Iowa) 522.
It was held not an abuse of discretion to de-against person whose appearance is entered by
In action assailing judgment of justice
ny the application of a receiver of a foreign unauthorized attorney, presumption of jurisdie
corporation to set aside a default of such cor- tion is not conclusive.-Kaufmann v. Drexel
poration, and to permit him to appear on its
(Neb.) 559.
behalf. State Bank of Ottumwa v. McElroy
(Iowa) 715.
Order vacating default judgment as to de-
fendant sheriff, and permitting him to answer,
held not an abuse of discretion.-Whitney V.
Sherin (Minn.) 787.
Order to set aside judgment by default must
be conditional in the first instance, and notice
must be given to the opposite party.-Royal
Trust Co. v. Exchange Bank (Neb.) 425.
Order of county judge, made in vacation,
overruling motion to set aside judgment, will
be presumed to have been entered at that time.
-Royal Trust Co. v. Exchange Bank (Neb.)
425.
Where conditional order in county court to
set aside judgment by default, in case for
trial within term time, has been made, an or-
der overruling a motion to set aside may be
made by county judge during vacation by con-
sent.-Royal Trust Co. v. Exchange Bank
(Neb.) 425.
Code Civ. Proc. § 1001, relative to setting
aside judgment by default, held applicable to
civil actions in county court, regardless of
amount in controversy.-Royal Trust Co. v.
Exchange Bank (Neb.) 425.
§ 2. On trial of issues.
A personal judgment cannot be rendered
against one constructively served.-Campbell
v. O'Connor (Neb.) 167.
§3. Entry and docketing.
Where a judgment roll in the municipal court
was made up, and a transcript of the judg-
ment was entered in the roll filed in the dis-
trict court before any judgment was entered
in the municipal court, the judgment in the
judgment roll became that of the municipal
court.-Clark v. Butts (Minn.) 199.
§ 4. Amendment, correction, and review
in same court.
The fact that certain creditors in insolvency
proceedings were adjudged in default, when
they were not so in fact, held sufficient reason
to set aside the judgment.-Cooper v. Disbrow
(Iowa) 1013.
Code Civ. Proc. § 602, authorizing a court to
modify and vacate its own judgment, does not
refer to such as are absolutely void.-Kauf-
mann v. Drexel (Neb.) 559.
§ 5. Opening or vacating.
Vacating judgment by default in attachment
against nonresidents, on the ground that they
had no interest in the property attached, held
error.-Whitney v. Sherin (Minn.) 787.
It was proper to refuse to vacate a judg-
ment against defendant in an action to quiet
Judgment will be enjoined where the judg-
its invalidity appears on the record, and the
ment is without equitable or legal basis, and
party is without adequate remedy at law-
Kaufmann v. Drexel (Neb.) 559.
Rev. St. 1878. § 2832, empowering the court
of surprise, does not include surprise at a deci-
to relieve a party from a judgment on the ground
sion holding a complaint bad on grounds not ur-
ged.-Ean v. Chicago, M. & St. P. Ry. Co.
(Wis.) 329.
87. Collateral attack.
The regularity of a judgment cannot be at-
tacked in an answer to a creditor's bill based
on it.-Central Nat. Bank v. Graham (Mich.)
1042.
§ 8. Merger and bar of causes of action
and defenses.
A determination by a state court of questions
directly involved in a suit pending on appeal in
the federal courts, and already adjudicated
therein, held proper, because necessary.—Beach
v. Wakefield (Iowa) 688.
Denial of writ to compel allowance of amend-
ment held not conclusive of question of right
of party to bring an action based on the matter
contained in the amendment.-Sullivan v. Ross'
Estate (Mich.) 309.
Dismissal of suit not involving merits held
not a bar to another action on the same cause.
nor the presentation of a claim against the es
tate of deceased defendant.-Bank of Maywood
v. McAllister's Estate (Neb.) 552.
Finding that question of priority between
mortgages was not settled in prior action held
supported by evidence.-Anderson v. Kreidler
(Neb.) 581.
§ 9. Conclusiveness of adjudication.
An order refusing to apply proceeds of at-
tached property to plaintiff's judgment, as pro-
vided under Code 1873, § 3011, held part of the
judgment, which became final on failure to ap
peal, and hence determined plaintiff's rights
in the attached property.-Second Nat. Bank
of Dubuque v. Haerling (Iowa) 826.
Laches in failing to participate in a credit-
ors' bill held not to estop a creditor from as-
serting rights which he has been deprived of
by a judgment entered by default, when in
fact he was not in default.-Cooper v. Disbrow
(Iowa) 1013.
Proceedings by which a senior mortgagee
was subrogated to the rights of a junior chattel
mortgagee by an assignment of the mortgage on
an order of court held res judicata, in replevin
by senior mortgagee against mortgagor.—Vin-
cent v. Sherwood (Mich.) 107.
Transcript of judgment, as entered in the
judgment roll in the municipal court and filed
in the district court, held valid, though filed be-
fore any judgment was entered in judgment
book in the municipal court.-Clark v. Butts
(Minn.) 199.
A grantee in an unrecorded deed held to take
subject to a judgment rendered against the
grantor, under Gen. St. 1894, § 4180.-Clark v.
Butts (Minn.) 263.
Gen. St. 1894, § 4180, placing judgment cred-
itors on the same footing as bona fide purchas-
ers as against unrecorded conveyances, does
not give them priority over a resulting trust.-
School Dist. No. 10 of St. Louis County v. Pe-
terson (Minn.) 1126.
§ 11. Actions on judgments.
A court of Nebraska will not refuse to enforce
a foreign judgment_merely because it was erro-
neously rendered.-Lonergan v. Lonergan (Neb.)
16.
§ 12. Pleading and evidence of judg-
ment as estoppel or defense.
To show res judicata. matter in question
must have been one of the issues joined and
tried in former action.-Anderson v. Kreidler
(Neb.) 581.
In civil actions, see "Evidence," § 1.
In criminal prosecutions, see "Criminal Law,"
§ 6.
Of property of decedent, see "Executors and
Administrators," $4.
On execution, see "Execution," § 3.
Title of a stranger derived through sale under
judgment is not defeated by subsequent vaca-
tion of judgment.-Manfull v. Graham (Neb.)
19.
Right to redeem under foreclosure sale held
statutory and enforceable only before confirma-
tion of sale.-Gosmont v. Gloe (Neb.) 424.
Failure of purchaser to pay amount bid at
foreclosure sale before confirmation does not ex-
tend period of redemption.-Gosmont v. Gloe
(Neb.) 424.
Where, to procure a resale, a person offers
to bid a certain sum, but bought for less than
his offer, and to procure confirmation remitted
a portion of a lien which he held on the prop-
erty, and his bid was insufficient to pay a
lien of equal priority, held by a client, on
accounting the client was entitled to such
share of the amount as he would have realized
without the remittitur.-Olson v. Lamb (Neb.)
Contract whereby one of two persons is to
bid and the other is to become interested in
the property held valid, where the effect or in-
tent was not to chill the bidding.-Olson v.
Lamb (Neb.) 433.
of lots five and six" constituted separate
tracts, which should be sold separately.-La
Selle v. Nicholls (Neb.) 870.
Error in appraisement whereby a tax lien
was deducted twice held harmless, where the
land sold for more than two-thirds of the
appraised value.-La Selle v. Nicholls (Neb.)
870.
Affidavit of proof of publication of notice of
sale of land held insufficient where there is no
signature of officer to the jurat.-Holmes v.
Crooks (Neb.) 1073.
Vacation of a judgment under Code Civ.
Proc. § 82, on application of a nonresident, who
affect the title of a purchaser at a sale under
was served only by publication, held not to
the_judgment.-Security Abstract of Title Co.
v. Longacre (Neb.) 1073.
Objections to jurisdiction as ground for abate-
ment, see "Abatement and Revival."
Jurisdiction of particular actions or proceedings.
See "Mandamus," § 3.
Relief against judgment, see "Judgment," § 6.
Special jurisdictions.
Appellate jurisdiction, see "Appeal and Error,"
$7; "Criminal Law," § 9.
Justices' courts in civil cases, see "Justices of
the Peace," § 2.
Particular courts, see "Courts."
See, also, "Grand Jury."
Custody and conduct, see "Trial," § 6.
Questions for jury in civil actions, see "Trial,"
$ 4.
in criminal prosecutions, see "Criminal
Law," § 7.
Taking case or question from jury at trial, see
"Trial." § 4.
Verdict in civil actions, see "Trial," § 7.
8 1. Right to trial by jury.
Pub. Acts 1893, Act No. 206, § 72, providing
that courts may put a purchaser under a tax
not violate Const. art. 6, § 27, which provides
deed in possession by writ of assistance, does
that the right of trial by jury shall remain.-
Ball v. Ridge Copper Co. (Mich.) 130.
Pub. Acts 1893, Act No. 206, § 72, provid-
ing that courts may put a purchaser under a
tax deed in possession by writs of assistance,
does not violate Const. art. 6, § 27, which pro-
vides that the right of trial by jury shall re-
main.-Youngs v. Peters (Mich.) 138.
Respondent in quo warranto held not entitled
to jury trial as a matter of right.-State v.
Moores (Neb.) 530.
§ 2. Competency of jurors, challenges,
and objections.
A sale can be confirmed over objection that
Under Comp. Laws, § 6449, prescribing pen-
the appraisement was too low, without affida-alties for murder, and section 7359, providing
vit in support of appraisement, where it was
not attacked for fraud.-Brown v. Fitzpatrick
(Neb.) 456.
Appraisement for foreclosure cannot be suc-
cessfully attacked solely on ground that it
was too low.-Brown v. Fitzpatrick (Neb.) 456.
Purchaser at foreclosure sale of land, sub-
ject to prior lien, must discharge such lien
or suffer the land to be sold for its satisfaction.
-Lyons v. Godfrey (Neb.) 464.
In the absence of evidence, it will not be pre-
sumed that land described as "north one-third
a challenge for implied bias, a juror may be in-
terrogated as to opinion on capital punishment
as a basis for a peremptory challenge.-State
v. Garrington (S. D.) 326.
JUSTICES OF THE PEACE.
§ 1. Rights, duties, and liabilities.
A justice is not liable for renewing in good
faith an execution on a void judgment, with
notice of the defect. - Heath V. Halfhill
(Iowa) 522.
to establish the allegation.-Faville v. Lundvall
(Iowa) 512.
intoxicating liquors in manner provided by
A lessee of premises to be used for traffic in
law cannot avoid lease by failing to comply
with the law.-Whalen v. Leisy Brewing Co.
(Iowa) 842.
Facts held to constitute a renewal of a lease,
of the original lease so far as applicable.-
carrying with it all the terms and conditions
Whalen v. Leisy Brewing Co. (Iowa) 842.
Measure of damages for repudiation of a
lease by receiver of insolvent lessee held the
difference between the rents stipulated and the
actual rental value for the balance of the
term.-Minneapolis Baseball Co. v. City Bank
(Miun.) 1024.
A lease of property by a widow having only
a dower interest therein held ratified by part
of the owners so as to be binding on them.-
Martens v. O'Connor (Wis.) 774.
The word "thereupon," in Code Civ. Proc. $
1039, relating to certification by justice of suit
to district court, means without delay.-Kauf-2. Terms for years.
mann v. Drexel (Neb.) 550.
Failure of justice to transmit replevin suit
without delay, under Code Civ. Proc. § 1039,
where value exceeds $200 for 10 months, held
discontinuance of the action.-Kaufmann v.
Drexel (Neb.) 559.
Where plaintiff and defendant in trespass to
land claimed ownership, the title to land was in
question, and the justice had no jurisdiction.-
Reilly v. Howe (Wis.) 1114.
3. Procedure in civil cases.
A justice of the peace has no jurisdiction to
grant a new trial, except on the grounds that
the verdict was obtained by fraud, partiality,
or undue means.-Glaze v. Keith (Neb.) 15.
A verdict construed as for defendant.-Glaze
v. Keith (Neb.) 15.
A bill of particulars in a justice court, where
by plaintiff claimed as original creditor, could
not be amended to conform to proof that he
claimed by assignment of the claim, since it
changed the cause of action.-Western Cornice
& Manufacturing Works v. Meyer (Neb.) 23.
Where statements of demand in the writ is
$150 and interest, without specifying the rate
of interest or the time for which it is demand-
ed, judgment for $150 and interest from suit
brought only can be entered.-Adams v. Nebras-
ka Sav. & Exch. Bank (Neb.) 421.
In replevin, where the appraised value of prop-
erty exceeds $200, the justice should transmit
files and transcript to district court without de-
lay.-Kaufmann v. Drexel (Neb.) 559.
§ 4. Review of proceedings.
On appeal to the district court, causes must
be tried on the same issues as were presented
below. Western Cornice & Manufacturing
Works v. Meyer (Neb.) 23.
Bond on appeal from justice cannot be waiv-
ed.--Erpenbach v. Chicago, M. & St. P. Ry.
Co. (S. D.) 923.
A lease held not forfeited where an assign-
ment was waived by alleging an oral sublease
by assignee as a cause of forfeiture, and the
sublessee never entered.-Grovenburgh v. Me-
Keough (Mich.) 77.
§ 3. Tenancies from year to year and
month to month.
That tenant remains in possession notwith-
standing defects affecting his health and com-
fort held not an election to continue a tenant
after subsequent increased defects, rendering
premises unfit for occupancy.-Damkroger v.
Pearson (Minn.) 960.
§ 4. Tenancies at will and at suffer-
Consent to occupancy of land may be inferred
from actual possession, without objection from
the owner, who has knowledge thereof, so as
to make the occupant a tenant at will, under
Code, § 2991.-Fischer v. Johnson (Iowa) 658.
§ 5. Premises, and enjoyment and use
Mortgage clause in lease held to secure only
claims evidenced by book account or note.-
Finance Co. of Iowa v. Anderson (Iowa) 748.
§ 6. Rent and advances.
Chattel mortgagee cannot by replevin recov
lord's lien, as the right of possession to enforce
er possession of property taken under a land-
the lien was fixed in the landlord.--Brody v.
Cohen (Iowa) 682.
Where mortgagee takes possession of prop-
erty on which there is a prior lien for rent, not
yet enforceable, the landlord can take the prop
erty from the mortgagee.-Brody v. Cohen
(Iowa) 682.
Evidence as to where property was kept
prior to the term is inadmissible in an action
to enforce a landlord's lien thereon.-Hewitt v.
Kooi (Iowa) 841.
Where the landlord took possession of the
crop under a mortgage securing the rent, the
lessee could recover only the value of the crop,
less the rent, in an action for trespass against
the lessor and for conversion of the crop.-Van
Of actionable words, see "Libel and Slander," Worden v. Winslow (Mich.) 87.
§ 3.
Effect in equity, see "Equity," § 2.
LANDLORD AND TENANT.
§ 1. Leases and agreements in general.
Where lessees, when sued on the lease, al-
leged that it had been canceled by agreement
with the agent of lessor, the burden is on them
A tenant who occupied premises up to s
short time before the landlord's death is not lia-
ble to a subsequent purchaser for the rent dur-
ing such time.-Williams v. Williams (Mich.)
1039.
A tenant, to absolve himself from rent, be-
sides notice of termination of tenancy, must
surrender possession.-Dean v. Saunders Coun-
ty (Neb.) 450.
A lease of offices providing that, if other offices
in the building be rented at less than lessee was
paying, such reduction should be made to him for
See, also, "Embezzlement"; "Robbery."
§ 1. Prosecution and punishment.
An information for larceny from the person
held to sufficiently charge that the taking was
against the owner's will. - Chezem v. State
(Neb.) 1056.
To sustain a conviction for the crime, the
corpus delicti must be proven beyond a reason-
able doubt.-Chezem v. State (Neb.) 1056.
Evidence held to sustain a conviction for lar-
ceny from the person.-Chezem v. State (Neb.)
![[blocks in formation]](https://books.google.no/books/content?id=ORA8AAAAIAAJ&hl=no&output=html_text&pg=PA1179&img=1&zoom=3&q=editions:STANFORD24504131246&cds=1&sig=ACfU3U2t_9Tq2XpYr0SS9XXvyiJ-rUgx1g&edge=0&edge=stretch&ci=40,611,448,332)
An indictment charging defendant with will-
fully, unlawfully, and designedly making an
open and obscene exposure of his person held
to sufficiently describe the offense, under Code
1873, § 4012.-State v. Bauguess (Iowa) 508.
To constitute the crime of lewdness, it is not
necessary that an indecent exposure be made
to any person.-State v. Bauguess (Iowa) 508.
LIBEL AND SLANDER.
§ 1. Words and acts actionable, and lia-
bility therefor.
Stating plaintiff was a thief, and had stolen
from witness, in reply to a question on cross-
examination as to what witness based his opin-
ion on in stating plaintiff's reputation for ve-
racity was bad, held not slanderous.-Acre v.
Starkweather (Mich.) 379.
No action lies for slanderous words used by
a witness in response to direct and leading ques-
tions.-Acre v. Starkweather (Mich.) 379.
Written publication characterizing person
as disreputable, and with having maliciously
published a false report tending to injure city
in which he lived, held libelous per se.-Trebby
v. Transcript Pub. Co. (Minn.) 961.
§ 2. Privileged communications, and
malice therein.
Publication of resolution of city council de-
nouncing plaintiff for publishing an alleged
false report as to a suit brought by him against
the city held not privileged, where it was merely
published as an item of news, and the resolu-
tion itself was not within the official authority
of council.Trebby v. Transcript Pub. Co.
(Minn.) 961.
§ 3. Justification and mitigation.
Evidence held not to conclusively establish
a justification.-Trebby v. Transcript Pub. Co.
(Minn.) 961.
To exempt defendant from liability, he must
show not only that the publication was true,
but that he acted with good motives.-Neilson
v. Jensen (Neb.) 866.
Where defense is the truth, defendant must
establish the truth of each libelous charge
made.-Neilson v. Jensen (Neb.) 866.
Evidence held not to sustain verdict for de-
fendant.-Neilson v. Jensen (Neb.) 866.
A statement, of itself, without any extrinsic
facts, in the complaint for slander held not to
charge adultery.-Clute v. Clute (Wis.) 1114..
§ 5. Criminal responsibility.
Subsequent newspaper articles by defendant
the alleged libel was published.-State v. Hea-
held admissible to show the motive with which
cock (Iowa) 654.
An indictment for libel, charging that the writ
ing was published to injure prosecutor "and
others," held not defective.-State v. Heacock
(Iowa) 654.
Evidence of defendant in libel prosecution that
the alleged libel is "true in every particular" is
inadmissible.-State v. Heacock (Iowa) 654.
In a prosecution for libel, evidence of defend-
ant's reputation for veracity is not admissible
where not questioned by the state.-State v.
Heacock (Iowa) 654.
Where the language of an alleged libel is un-
ambiguous, defendant cannot testify as to what
he meant by it.-State v. Heacock (Iowa) 654.
An instruction based on Code 1873, § 4102,
providing that in libel prosecutions the jury
shall have a right to determine both the law and
the fact, held proper.-State v. Heacock (Iowa)
654.
Injuries to licensees, see "Railroads," § 5.
§ 1. For occupations and privileges.
An ordinance levying an occupation tax on
railroads held not an attempt to impose a tax
general tax thereon.-City of York v. Chicago,
on the depot of a company, in addition to the
B. & Q. R. Co. (Neb.) 1065.
The legislature may authorize municipalities
to impose occupation taxes.-City of York v.
Chicago, B. & Q. R. Co. (Neb.) 1065.
Under Const. art. 9, § 6, authorizing the legis-
taxes, a city may levy an occupation tax on an
lature to empower municipalities to impose
occupation not mentioned in section 1.-City of
York v. Chicago, B. & Q. R. Co. (Neb.) 1065.
An ordinance levying an occupation tax
against railroads held not void because imposing
a tax on a business not wholly carried on with-
R. Co. (Neb.) 1065.
in the city. City of York v. Chicago, B. & Q.
Laws 1897, c. 338, requiring licenses for
plumbers on examination, held unconstitutional,
as providing, in case of a firm, that the examina-
tion or licensing of one member or manager of
corporation shall be sufficient.-State v. Benzen-
berg (Wis.) 345.
Laws 1897, c. 338, requiring examination for
license, of plumbers, held a proper exercise of
police power.-State v. Benzenberg (Wis.) 345.
§ 2. In respect of real property.
Lessor held by acquiescence to have granted
lessee a license to conduct waste waters from
the leased premises across lessor's other lands.
Hansen v. Farmers' Co-op. Creamery (Iowa)
652.
|